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entries of payment to the vouchers by number, and stating the name of the person to whom payment was made, and if to an assignee, the name of the person to whom the claim was allowed. A separate account shall General be kept of all moneys raised for the ordinary expense account. of the village by tax, including in the same all receipts from licenses and other sources (except as hereafter excepted); this will be known as the general fund. A separate account shall also be kept of the receipts from Special taxes and assessments for any special purpose ; another for the fire department, in which accounts, respectively, the receipts and disbursements, proper to each, shall be duly entered.
29. The treasurer's books shall be at all times sub. Treasject to the examination of any voter of said village, and books to be the treasurer shall prepare, and ten days before the amination. annual meeting present to the president a statement showing the condition of every fund, the state of the village accounts, and all the receipts and disbursements of Annual the same, and when and to whom moneys have been report. paid during the preceding year. It shall be his duty to pay on presentment all claims duly allowed as provided in this act out of the proper fund, and, if there be no fund out of which it can be paid, to make an entry on the claim, stating presentment and non-payment and the reason therefor. He shall also pay over Payment to his successor in office after he shall have taken their oath and given the security required by this act, and censor. not before, all balances of money received but not legally disbursed, and deliver to him the books and papers of his office.
8 30. Claims against the village shall only be paid Claims ; when preseõted, allowed and certified as follows:
sented. 1. The claim shall be in writing showing the nature to be thereof, and when comprising several itens, specifying in items them, and shall be verified by the affidavit of the claim- ied. ant or of some other person, to the effect that the services were rendered, or the disbursements made, or otherwise proving the facts constituting the claim, and that no payment has been made thereon, or, if any, how much. The president or any trustee may administer the oath.
2. The claim so verified shall be presented to the To be
of balances to suc
made out in items and veri.
certify and register same.
Treasurer to file and pay claims.
Official bonds of certain
poled on board of trustees and allowed by resolution, entered in
the journal for such sum, if any, as the trustees sball be satisfied is justly and legally due from the village
thereon, stating the fund out of which it shall be payable. Clerk to 3. The allowance of the claim, with the date when
allowed and the fund out of which it is payable, shall be entered on or attached thereto by the clerk, and a registry thereof made by him referring to a number marked thereon.
4. The claim when so allowed and certified shall be paid by the treasurer out of the proper fund, and no other, and then filed in his office and the proper entry thereof made at the time by him.
$31. The street commissiover, collector and treasurer,
before entering upon the duties of their respective offices officers.
and within six days after their appointment, shall each give security by an undertaking in writing, with at least two sufficient sureties to be approved by a resolution of
the trustees, to the effect that he will faithfully discharge How filed. the duties of the office. The undertaking when so ap
proved shall be certified by the clerk and filed in his
office. Penalty for $ 32. Any officer of the village who by the provisions cation of of this act may receive any money raised or collected
pursuant to its pravisions or under color or pretense thereof, and who shall lend the same or otherwise appropriate the same to his own use or that of another in violation of his duty, shall be deemed guilty of a misdemeanor, and may be punished by fine and imprisonment.
$33. The chief engineer of the fire department, sub. his powers. ject to the direction of the trustees, shall have the
general management and control of the fire department of the village, he shall have the power and it shall be
his duty: Charge of 1. To see that the public cisterns and other means of engines providing water, the fire engines, hose, the hooks and
ladders and other means and apparatus for the prevention and extinguishment of fires, are at all times in proper condition.
2. To be present at fires of buildings and to take the chief management and direction of the fire companies.
Chief eng neer and
Duties at fires.
3. To enter any building when he has reason to ap- Examinaprehend that any fireplace, stove or pipe, or ashes are buildings. in a dangerous or insecure' condition, and to cause the same to be made safe.
$ 34. The clerk shall attend the meetings of the trus. Village tees, and the annual and special meetings of the village, his duties. and record in a book, kuown as the journal of the village, all resolutions, ordinances, by-laws, directions and other determinations adopted at such meetings, including the election of officers, with their oaths of office; he shall. also enter in a book, to be known as the clerk's minutes, & memorandum of all notices served by him, stating the time and manner of service, with any other minutes directed by this act to be kept by him; he shall serye all notices, and file all papers required by the trustees, or by this act, make copies of assessment rolls, tax lists and other papers required by the trustees or president, and keep in good order the books and papers pertaining to his office.
§ 35. The police constable shall have the powers, Police conwithin the village, of a constable of the town, and shall : be subject to the same duties and liabilities, and shall jurisdicgive security in the same manner, to be approved by the trustees, and filed with the clerk of the village. It shall be his especial duty to see that the police regulalions of the village are observed, and to discover and report to the president and trustees all violations thereof; he shall have power, without process, to arrest and bring before a magistrate persons guilty, in his presence, of violating the public peace, or any village ordinance or by-law for the preserving of public order or decorum, and he may, likewise, take into custody any person intoxicated, so as to be unable to take care of himself, and keep him in a proper place provided by the trustees, until provided for by his friends or able to take care of himself, and every such arrest shall be immediately reported in writing, stating the cause of arrest by bim to the president of the village, and to a magistrate. The police constable shall be entitled to the His fees. same fees as other constables for similar services. Deputy police constables may be appointed by the trus
stable; his duties and
upon land owners.
Publica. tion; when to be made.
tees, for any special service or occasion to have no fees, but to be paid a stated sum for each day's services as such, but with no power to serve civil process.
§ 36. When notice is required to be given by this act upon land to owners of property, it may be served by delivering
a copy personally to the owner, or if he be absent from home, by leaving such copy at his residence, with a person of suitable age and discretion. When the owner resides out of the village, notice to him may be served on his tenants in possession, or, when the premises are unoccupied, on bis agent. . If notice of such agency, subscribed by the owner, shall have been filed with the clerk of the village in other cases, notice may be served by publishing the same, as may be directed by the trustees, in a newspaper, printed in the county of Franklin, to be designated by them, addressed to the owner by name, or, generally, to the owner of the lot or piece of ground affected, and describing the same. An affidavit by the clerk, stating the service of such notice, and specifying the manner thereof, filed in his office within ten days after the service with a memorandum thereof made in his book of minutes, shall be presumptive evidence of such service. Notice to the owner shall, in all cases, be deemed notice to the incumbrancers, so far as their
interests are involved in the proceedings. Trustees $37. When a tax or assessment which is a lien on a :
lot or piece of ground shall be returned by the collector unsatisfied, or when a lien upon a lot or piece of ground shall arise from default of the owner to make or repair a sidewalk, or abate a nuisance, it may be enforced by an order of the trustees, directing the lot or piece of ground to be leased for a time sufficient to pay the lien and interest, and costs and expenses. The order shall describe the lot or piece of ground, and the trustees shall estimate therein, according to their best judg. ment, the length of time for which the use of the lot or piece of ground will be worth the amount required to be raised, with interest, costs and expenses.
$ 38. Upon such order the president shall cause a notice to be posted in three public places in the village, and in case the owner of said lot or lots be a non-resident, then said notice shall be published for three suc
may direct leasing of lands for non-payment of taxes, etc.
cessive weeks in a newspaper printed in the county of Franklin, stating the amount required, including interest to the time of the first publication, and designating the time and place when the lot or piece of ground will be leased at public auction to pay the same; after such notice, payment thereof with interest and cost of advertising, not to exceed three dollars for each lot or parcel, may be made at any time before the property is struck off. If payment be not made, the president shall cause Manner of the property to be leased to the person and his assigns leasi who will take the same for the shortest term, and will pay therefor the amount required, with interest, costs and expenses. Such term shall in no case exceed double Lesseo, the time estimated by the trustees in the order requiring possession. the property to be leased, but the time which shali elapse after the sale, before possession obtained, reasonable diligence for that purpose being used, shall constitute no part of the term. Such lessee shall have the same remedies to obtain possession, if withheld, as a .purchaser under execution on a sheriff's sale, after title is perfected.
$ 39. An affidavit of the president, or of any person Affidavit of who may, under his direction, act as an auctioneer, stat- mange how ing the facts of the public sale, specifying the time and file place thereof, the amount raised, and the length of time for which the property was struck off, shall be made and filed in the office of the clerk, and a note thereof made in the clerk's book of entries.
$ 40. After the sale, notice thereof shall be given by Right of the clerk to the owner of the property, if he be a resi- tio dent of the village, stating the length of time for which the same was let, and the sum for which it was let, and stating that when it be redeemed by the payment of such sum, and ten per cent in addition to the treasurer for the benefit of the purchaser, within thirty days after service of such notice, a lease will be executed by the president to the lessee. After thirty days from the ser- Execution vice of such notice a lease may be executed of the prop. erty to the person to whom it was struck off or his as. signs. for the term for which it was struck off, briefly referring to the non-payment of the tax assessment, or other lien. If the owner of such lot or lots be a non